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REFOKT 

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UPON THE SUBJECT OF 


NULLIFICATION, 

IN THE 


SENATE OF PENNSTLVAN1A 


mm* mnihihwm* 


READ DECEMBER IT, 1832, 


HARRISBURG: 


PRINTED BY HENRY WELSH. 






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REPORT, ilV. 

♦ 

Mr. Miller, from the committee to whom were referred so much 
of the Governor’s message as relates to the proceedings of the peo¬ 
ple of South Carolina, together with the proceedings of the Con¬ 
vention of that state, and the resolutions from the House of Repre¬ 
sentatives of this State, entitled, “ Resolutions relative to the 
Union, and the Constitution of the United States”— Reported: 

That they have had the subjects embraced in these several refer¬ 
ences under consideration, and have given to them that mature 
reflection to which their great and paramount importance to the in¬ 
terests, prosperity and happiness of the people of this State and of 
the United States so justly entitle them. 

By the proceedings of the late Convention in South Carolina, 
which have been transmitted to the legislature of Pennsylvania by 
order of that Convention, through the executive of this state, the 
right of a single state to nullify and render invalid an act of the 
Congress of the United States is distinctly and unequivocally 
claimed, and measures preparatory to the resistance of the execu¬ 
tion of the laws of the United States recommended. The doctrine 
of nullification or state supremacy, has latterly undergone so much 
discussion by the most eminent and distinguished statesmen of the 
Union, that it is difficult, if not impossible, for your committee to 
adduce any new arguments or reasons in opposition to it It, how¬ 
ever, presents itself to the minds of your committee as one sh ex¬ 
tremely absurd and revolutionary irt its tendency, that they cannot 
conceive how any statesman can entertain it as a peaceable and 
constitutional remedy against what may be supposed oppressive 
legislation on the part of the general government. It is impossible 
that one entire sovereignty can exist within another, and both ex¬ 
ercise functions of sovereignty without coming in collision with 
each other. 

It is admitted by your committee, that the people of the respec¬ 
tive colonies, in the adoption of the articles of confederation, and 
also in the adoption of the present constitution, acted as Separate, 
sovereign and independent communities, and that a majority of 
the people of all the colonies, or states, had no right to control any 
one of the colonies or states. It was left to a majority of the peo¬ 
ple ot each colony or state to determine their own course of con¬ 
duct, and how far they were willing to surrender a portion of their 
inherent sovereignty to the people of the whole confederacy. It 
was on these principles the first articles ot confederation were 
formed, and subsequently the constitution of the United States. 
Under the articles of confederation it was very soon discovered 
that the federal government did not possess sufficient powers to ef¬ 
fect the objects for which it had been instituted. It had no power 
to execute its own enactments, or to enforce a compliancejwith its 
requisitions. It could act upon the people only through the State 
authorities. 



4 


This inefficiency in the confederate system soon became appa 
rent, and suggested the imperative necessity of an enlargement of 
the powers of the federal government; the result of whicn was the 
establishment of the present constitution of the United States, by 
which the general government is enabled to execute its own laws, 
through the agency of its own judicial and executive officers. It 
now acts as directly upon the people, for all the purposes for which 
it was instituted, as the state governments. 

In the framing of the present constitution, many difficulties oc¬ 
curred in relation to the nature and extent of the powers necessary 
to be vested in the government of the Union. Some of the most 
eminent statesmen of that day were for vesting in the federal go¬ 
vernment powers which were thought by those who were more 
tenacious of the rights of the people and of state sovereignty, to be 
unnecessary and dangerous to the independence of the states. 
Hence the formation of parties under the denomination of federal 
and anti-federal. The leaders of each of these parties, as is al¬ 
ways to be expected, in cases ol great interest and excitement, ran 
into extremes, the one claiming powers for the general government, 
tending to consolidation and the destruction of state rights, and the 
other resisting the delegation of power indispensably necessary to 
the efficiency and permanency of the Union. The result of this 
conflict of opinion was the adoption of our present excellent form of 
government, and the only questions that can now arise are, in de¬ 
termining the character and extent of the powers which have been 
delegated and ceded by the people of the states respectively, un¬ 
der the provisions of the constitution, for the benefit of the whole 
people of the United States. 

The great question that presents itself is how the extent of these 
powers is to be ultimately determined, and by whom ? Has each 
state the right to determine for itself the powers it did delegate ? 
We answer, unhesitatingly, No. If any one state has the right, then 
indeed did the patriotic statesmen who established the present con¬ 
stitution labor in vain. Instead of having transmitted to us a bond 
of Union, they have given us a bone of contention. 

The states having delegated a portion of their original and inhe¬ 
rent sovereignty to the Union, it has become vested in the general 
government for the benefit of the whole people of the United States* 
and cannot be again resumed by and at the pleasure of any one of 
those Who made the grant. Nor can the grantors be admitted to 
judge of the extent ot the grant, without admitting a principle at 
once destructive of our whole system of national government. 

It the right of the people of a single state to nullify and render 
invalid the acts of Congress and laws of the United States be ad¬ 
mitted, our bond of union under the present constitution, is no 
stronger than it was under the original confederation. Under the 
confederation, the action of the state governments was necessary 
in many of the most important concerns of the general government* 
to give efficacy to the enaciments of Congress, and it was therefore 
optional with the states to carry them into effect 6r not. There 
was no compulsory process that could be resorted to by the fedenr* 


live government to enforce the execution of its own laws. This 
was the defect complained of, and the remedy was sought and 
found in the adoption ot the present constitution. But although 
the action ot the state authorities is not now necessary to carry into 
effect the laws of the Union, if we admit their right under any cir¬ 
cumstances to interpose to prevent their execution, nothing has 
been gained by the change in our federal system. By an act of 
nullification , a state can at its own pleasure place itself in the same 
independent attitude that it stood under the confederation, when 
by refusing to carry the requisitions of Congress into effect, the 
operations of the general government were stopped and entirely 
nullified. 

Happily, however, for the glory and prosperity of our beloved 
country, our bond of Union is not so feeble. It contains no such 
absurdities. It is cemented by the patriotism and wisdom of the 
sages and statesmen of the revolution. Let us look to the instru¬ 
ment itself, and examine its provisions in relation to these ques¬ 
tions. 

By the second section of the sixth article of the constitution of 
the United States, it is declared, 44 this constitution and the laws 
of the United States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made under the authority of the 
United States, shall be the supreme law of the land; and the judges 
in every state be bound thereby, any thing in the constitution and 
laws of any state to the contrary notwithstanding” And by the 
second section of the third article of the same, it is declared that 
44 The judicial power shall extend to all cases in law or equity ari¬ 
sing under the constitution and laws of the United States, and 
treaties made, or which shall be made, under their authority.” 

Mere, then, it would seem to your committee, the question-pf 
who or what power shall decide, ought to rest. It does not seem 
to be one admitting of any doubt. The supremacy of the constitu¬ 
tion and laws of the United States overstate laws, and the right 
of the Supreme Court of the United States to decide all questions 
arising under them, are not claimed by implication, but are declar¬ 
ed and given by the express and unequivocal terms of the consti¬ 
tution, which has been solemnly ratified by the people of the sev¬ 
eral states. How. then, can the doctrine of nullification be enter¬ 
tained as a peaceable and constitutional remedy, against any sup¬ 
posed encroachment on the rights of the states by the general go¬ 
vernment? It cannot be a constitutional remedy, for it is plainly 
and palpably in opposition to the express provisions of the consti¬ 
tution. And it cannot be a peaceable one, for its inevitable ten¬ 
dency is to bring the state and United States authorities into im¬ 
mediate contact with each other. Let the advocates of it mystify 
it as they may, by metaphysical reasoning upon fine spun theories, 
it is in plain common sense terms treason and rebellion against the 
government of the United States: and the government of the states, 
or the proceedings of state conventions, can afford the individuals 
who resist the laws of the Union, no more protection than an un¬ 
lawful assemblage of individuals can protect one of their own num„ 


6 

ber from the piinishmeiit incident to the violation of the law3 of 
their Country. 

It may be asked, however, if we adopt this doctrine, what bar¬ 
riers there are to prevent the general government from assuming 
powers not delegated, and subverting the reserved rights of the 
states. Against such encroachments there are many constitution¬ 
al checks existing. If the immediate representatives of the peo¬ 
ple, which compose the House cf Representatives, should err, 
there is a strong and powerful check' found in the Senate, where 
the sovereign power of each state is equally represented. And 
after this, before any enactment can take effect, it must receive 
the approbation of the executive And lastly, it may be reviewed 
and determined by the Supreme Court. These checks, your com¬ 
mittee conceive, are sufficient at least to prevent the evils of has¬ 
ty and inconsiderate legislation. Rut they are of opinion that we 
must mainly rely upon the virtue, intelligence, and justice of the 
people, and those to whom they delegate their authority. If the 
great mass of the people of these United States, shall ever become 
so corrupt, and entertain so much morbid sensibility as to look 
With indifference upon acts of gross and flagrant injustice commit¬ 
ted upon any portion of their fellow citizens, and to justify plain 
and palpable infractions of the constitution, our liberties will soon 
become extinct, and no constitutional barriers that the wisdom of 
man can devise will be sufficient to protect them. Heretofore the 
healthy and sound state of public opinion has been sufficient to cor¬ 
rect all palpable abuses of power, and to restrain the agents of the 
people within their appropriate and legitimate spheres of action. 
And that such will always continue to be its operation upon pub¬ 
lic functionaries, your committee do not permit themselves to 
doubt. With regard to the tariff laws of the United States, which 
are assigned as the cause of the dissatisfaction and excitement now 
existing in South Carolina, your committee will make but few ob¬ 
servations. it is believed that the constitutionality of a system of 
impost duties designed to faster and encourage domestic manufac¬ 
tures, and to give energy to the industry of our own citizens, has 
been maintained by every President of the United States, from the 
days of Washington down to the present period.—On this point 
the opinions of the present venerable and patriotic chief magis¬ 
trate, have been frequently, clearly, and unequivocally expressed 
in favor ol its constitutionality. It is also believed that a majority 
of every Congress that has ever assembled under the constitution 
of the United States, have maintained the same constitutional 
opinions. Your committee, therefore, think the question is so en¬ 
tirely settled, that it ought not even to be considered as any longer 
open to discussion The proper degree of protection, however, ne¬ 
cessary to be given, is a question not so easily determined, and is 
one which will always cause many conflicting opinions, which must 
necessarily arise from the diversified interests and pursuits of the 
citizens of the various parts of our widely extended territory. 
Your committee, however, have been taught to believe that the best 
interests of the Union are identified with the protective system of 


7 


ifte country. To it much of the present prosperity and wealth of 
the nation ought to be attributed. To preserve the harmony and 
integrity of the Union, and to dispense its blessings, and impose its 
burdens as equally as possible upon all. a proper spirit of concilia¬ 
tion and compromise ought to be cultivated. But your committee 
are decidedly of opinion that any compromise which would essen¬ 
tially injure the great body of our domestic manufactures, and 
thereby check the enterprize and industry of our citizens, would 
fail to be productive of any good consequences. If it should allay 
the feverish excitement and partial complaints in one quarter, it 
would be productive of greater and more widely extended evils in 
other portions of the Union. 

Your committee are, therefore, of opinion, that it is the true in¬ 
terests of the country to adhere to the policy of protection under 
all circumstances, so far as to foster and sustain all the essential 
and profitable branches of home industry. 

Since the subjects embraced in this report were referred to your 
committee, they have seen and read with entire satisfaction the 
Proclamation of the President of the United States, issued in con¬ 
sequence of the proceedings of the South Carolina convention. 
Of the sentiments contained in this proclamation, the Senate have 
already expressed their marked and decided approbation, by or¬ 
dering it to be placed on their journal, and a large number of co¬ 
pies to be printed for distribution. In the opinion of your com¬ 
mittee, the constitutional opinions advanced and maintained by the 
President in his proclamation, are such as must be entertained by 
every patriot and lover of this happy Union. That the people of 
Pennsylvania will sustain him in the opinions therein exposed, and 
in all constitutional measures, whether moral or physical, to en¬ 
force his determination “that the Union* must be preserved,” 
no one acquainted with their patriotism and intelligence can 
doubt. 


KESOIilTIOiYS 

Relative fo the Union of the States and the Constitu¬ 
tion of the United States. 

Resolved by the Senate and House of Representatives of the 
Commonwealth of Pennsylvania, in General Assembly met. That 
the constitution of the United States, and the laws of the United 
States made in pursuance of the constitution, arc the supreme law* 
of the land, to which every citizen of the United States owes 
obedience, and that no authority whatever can release him from 
his obligation to obey, or require him to take any oath, or enter into 
any engagement inconsistent with such obligation ; and that any 


8 


pretension on the part of a state, or any portion thereof, so to re¬ 
lease any citizen of the United States, or so to require of him, is 
unconstitutional and without the least foundation of right, and can 
afford neither shelter nor excuse for offences he may commit against 
the laws of the United States. 

Resolved, That no portion of the citizens of the United States 
have a rightful power to render invalid an act of the Congress of 
the United States, duly made by the people’s representatives, and 
approved by the executive, in the mode prescribed by the consti¬ 
tution, nor to nullify the same, either generally or within particular 
districts, but that every such act of Congress continues in full force 
every where within the United States, notwithstanding any such 
asserted nullification, and all persons who resist its execution, 
offend against the constitution and laws of the United States, and 
are liable to prosecution and punishment for such offence. 

Resolved, That no state hasa right to withdraw from the Union 
and to declare itself independent of it, and that every attempt to 
do so would be a virtual infraction of the constitution of the United 
States, justifying and requiring the use of constitutional measures 
to suppress it. 

Resolved, That the faithful execution of all laws of the United 
States, made in the mode prescribed by the constitution, is a duty 
enjoined upon the President of the United States, in the constitu¬ 
tional discharge of which, he is en f itled to, and ought to, receive 
the aid and support of every citizen, of the Union. 

Resolved, That it is the clear and indisputable right of Congress 
to impose duties upon importations, and of the government of the 
United States to collect the duties payable by law upon goods 
imported into every part of the Union, and that every resistance 
to the collection of the same, is an offence against the constitution 
and laws of the United States, and that the offenders are liable to 
prosecution and punishment for such offeuce. 

Resolved, That in enforcing, by all constitutional means, the 
laws passed by Congress for imposing and collecting duties upon 
goods imported into the United States, and all other acts of the 
Congress of the United States, and in bringing to punishment all 
persons who, under any pretence, may offer resistance to them, 
the commonwealth of Pennsylvania will, if necessary, aid and 
assist the government of the United States by all the means in her 
power. 

Resolved, That we pledge ourselves, jointly and individually, 
to sustain the Chief Magistrate of the .United States, in all consti¬ 
tutional measures calculated to preserve and perpetuate the union 
of the states. 

Resolved, That the Governor be requested to transmit a copy 
of these resolutions to the President of the United States, and to 
each Senator and Representative in Congress from this common¬ 
wealth, and to the several Governors of the respective states and 
territories of these United States. 


























































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